ERIC Number: ED654014
Record Type: Non-Journal
Publication Date: 2024
Pages: 261
Abstractor: As Provided
ISBN: 979-8-3825-8356-3
ISSN: N/A
EISSN: N/A
Are College Student-Athletes Employees? A Legal Historical Analysis of College Student-Athlete Employment Claims
Mario Morris
ProQuest LLC, Ph.D. Dissertation, The University of Wisconsin - Madison
Intercollegiate athletics are undergoing a transformative phase. Over the last few decades, student-athletes have valiantly fought for and successfully secured more rights, benefits, and freedoms, including the right to compensation for their name, image, and likeness (NIL). This progress, however, is just the beginning. Many student-athletes and their advocates are pushing for an equitable share of the billions of dollars in revenue they help to produce. Student-athletes also seek employee status and benefits, such as the right to bargain collectively. This wave of change is a beacon of hope for a more equitable future in intercollegiate athletics. This dissertation presents a comprehensive legal analysis of relevant case law, tracing the development and judicial treatment of collegiate student-athlete employment claims. The journey of student-athlete employment benefits began with "University v. Nemeth" (1953). Since then, student-athletes have lodged claims under workers' compensation statutes, the Fair Labor Standards Act (FLSA), and the National Labor Relations Act (NLRA). While their success rate has historically been limited, recent cases suggest a potential shift. Courts employ various legal tests, each with different factors, to evaluate student-athlete employment claims. This dissertation delves into these factors, shedding light on the intricate legal landscape of student-athlete employment claims. The study concludes with recommendations for intercollegiate athletics governing bodies, higher education institutions, and administrators to address the issue of collegiate student-athlete employment proactively and boldly. [The dissertation citations contained here are published with the permission of ProQuest LLC. Further reproduction is prohibited without permission. Copies of dissertations may be obtained by Telephone (800) 1-800-521-0600. Web page: http://bibliotheek.ehb.be:2222/en-US/products/dissertations/individuals.shtml.]
Descriptors: Labor Legislation, College Students, Student Athletes, Student Employment, Labor Demands, Compensation (Remuneration)
ProQuest LLC. 789 East Eisenhower Parkway, P.O. Box 1346, Ann Arbor, MI 48106. Tel: 800-521-0600; Web site: http://bibliotheek.ehb.be:2222/en-US/products/dissertations/individuals.shtml
Publication Type: Dissertations/Theses - Doctoral Dissertations
Education Level: Higher Education; Postsecondary Education
Audience: N/A
Language: English
Sponsor: N/A
Authoring Institution: N/A
Identifiers - Laws, Policies, & Programs: Fair Labor Standards Act; National Labor Relations Act
Grant or Contract Numbers: N/A